In Singapore, the Minimum Occupation Period (MOP) for HDB flats is typically five years. This means that you cannot sell your flat in the open market before fulfilling this requirement, unless you meet specific eligibility criteria for early disposal.
However, given your situation of an impending divorce, you might be eligible for an exemption from the MOP. HDB may consider waiving the MOP on compassionate grounds, such as divorce, if you meet certain conditions.
**Eligibility for MOP Exemption Due to Divorce:**
1. **At Least One Owner is a Singapore Citizen:** One of you must be a Singapore Citizen.
2. **Court Order for Sale:** You will need a court order mandating the sale of the flat due to the divorce.
3. **No Alternative Housing:** Neither of you should own another HDB flat or private property.
**Procedure to Apply for Exemption:**
1. **Obtain Court Order:** Get a court order for the sale of the flat as part of the divorce proceedings.
2. **Submit Application:** Submit an application to HDB along with the court order and other supporting documents.
3. **HDB Assessment:** HDB will assess your application based on the eligibility criteria and specific circumstances.
**Important Considerations:**
* **Approval is Not Guaranteed:** HDB may not approve your application even if you meet the eligibility criteria. The decision is based on their discretion and assessment of your case.
* **Processing Time:** It might take some time for HDB to process your application. Start the process as early as possible to avoid delays.
* **Alternative Options:** If your exemption request is not approved, you may consider renting out your flat until the MOP is fulfilled or explore other housing options.
**Recommendations:**
* **Consult HDB:** Contact HDB directly to inquire about the specific requirements and procedures for applying for an MOP exemption due to divorce.
* **Seek Legal Advice:** Consult a lawyer specializing in family law and property matters to guide you through the legal process and ensure your rights are protected.
Remember, the key is to act promptly and gather the necessary documentation to support your application. With the right approach and guidance, you can navigate this process smoothly and achieve a positive outcome.
I hope this helps!
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